Managing Employees During an Unforeseen Disruption - Flowchart

Recent events, such as Cyclone Gabrielle have highlighted an employment scenario that can happen during severe weather events or other unforeseen disruptions. During natural disasters, it can be confusing as an employer to know whether you can stand down employees with or without pay and for how long. Please note that:

• In most cases, the employer is required to pay the employee minimum weekly hours described in the employment agreement if the employee is ready, willing, and able to attend work.
• Where an employee is not able to report for work, but work is available to be done, employers can agree to let the employee take annual leave, leave without pay, or sick leave (if appropriate).
• Further changes to the terms or conditions (such as a temporary stand-down) will require consultation, and employers are required to pay employees during such a consultation.
• Employers must give 14 days written notice of a requirement to take annual leave, therefore you cannot usually compel an employee to take their annual leave during a severe weather event due to the unanticipated nature of such events.

Things can get more complicated when a business premise is no longer usable or temporarily unavailable. SBS has created the Flowchart below to navigate this issue.

Please note: We understand the Government has announced a $50 million package to support businesses impacted by Cyclone Gabrielle, however details have not yet been released. When they are, we’ll keep you informed.

For more information on staying compliant with New Zealand employment legislation, HR or Health and Safety advice, get in touch with a member of the SBS Team. Freephone 0508 424 723 or visit www.safebusiness.co.nz

Managing Employees During an Unforeseen Disruption - Flowchart